DECLARATION OF COVENANTS, CONDITIONS, AND

RESTRICTIONS GOVERNING LITTLE MOUNTAIN PRESERVE

THIS DECLARATION, made this ____ day of ________________, 2016 by Zerbe

Construction, LLC, an Ohio limited liability company (hereinafter referred to as

“Declarant”).

WITNESSETH:

WHEREAS, Declarant has caused certain real property to be subdivided and platted

as the Little Mountain Preserve (hereinafter referred to as the Subdivision) consisting of

_14_ sublots, recorded in Volume ____ of Maps, Page ____, and/or as Instrument No.

___________________________ of Lake County Records (the “Plat”): and,

WHEREAS, Declarant desires to create on the Subdivision a residential community

with uniformly high standards of development; and,

WHEREAS, in order to provide for the maintenance of the Landscaped Areas as

hereinafter defined, the inspection and maintenance of storm-water detention, management

and/or drainage facilities in accordance with separate agreement(s) with Lake County, Ohio

and/or Concord Township, Ohio, and,

WHERAS, in order to enforce the covenants, conditions and restrictions of this

Declaration, Declarant has caused the Little Mountain Preserve Homeowners’ Association

to be created as a not for profit corporation under the laws of the State of Ohio.

NOW, THEREFORE, for the purpose of (a) establishing a method for maintaining

the landscaping on any landscaped Areas and any improvements thereon as hereinafter

defined, (b) enforcing the covenants, conditions, and restrictions of this Declaration, and (c)

establishing a method of collection of “Common Costs” to pay for the obligations of the

Association, the Declarant hereby subjects the Little Mountain Preserve Subdivision to the

covenants, conditions, and restrictions contained in this Declaration.

Declarant declares that the Subdivision and all of the lots and lands therein except as

specifically hereinafter set forth shall be held, transferred, sold, conveyed and occupied

subject to the covenants, conditions, restrictions, charges, and lien rights contained in this

Declaration which shall constitute covenants to run with the land and shall be binding upon

all Owners of all or any part of the Subdivision, together with their grantees, successors,

heirs, executors, administrators or assigns.

ARTICLE I

DEFINITIONS

Section 1. The following words when used in this Declaration shall have the

following meanings (unless the context shall prohibit)(this section shall supplement and not

be inconsistent to those definitions found in ORC 5312.01):

1. “Association” shall mean the Little Mountain Preserve Homeowners’

Association, an Ohio corporation not for profit which the Declarant has or will cause(d) to

be created.

2. “Common Costs” shall mean all of the costs and expenses incurred by the

Association in maintaining, repairing, replacing, administering, managing and operating the

Landscaped Areas; fulfilling its obligations with respect to the inspection and maintenance

of the storm-water management and detention systems in the Subdivision; and in otherwise

conducting its business on behalf of the Owners.

3. “County” shall mean Lake County, Ohio a political subdivision organized

and existing under the constitution and laws of the State of Ohio.

4. “Declaration” shall mean and refer to this Declaration of Covenants,

Conditions, and Restrictions and any supplements or amendments thereto.

5. “Declarant” shall mean and refer to LMP Development, LLC and any

successor designated as such.

6. “Development Period” shall mean the period beginning with the recording of

this Declaration and ending when Declarant or its successors and assigns and the County

and/or Township have issued occupancy permits for approved plans for houses on all of the

Lots.

7. “Landscaped Area” shall mean any area covered by any easement granted to

and accepted by the Association for the purpose of maintaining common area landscaping,

common areas irrigation systems, and signs identifying the Subdivision.

8. “Lot” shall mean and refer to any Lot in the Subdivision as defined and/or

delineated on the recorded Subdivision Plat.

9. “Owner” shall mean and refer to the record Owner whether Declarant or one

or more persons or entities, of the fee simple title to any Lot or the present life estate, if there

be any, in such Lot. A mortgage or lienholder shall not be deemed to be an Owner unless

legal title to a Lot is acquired by such mortgagee or lienholder.

10. “Township” shall mean the political subdivision of Concord Township, Lake

County, Ohio organized and existing under the constitution and laws of the State of Ohio.

Except as specifically provided herein, the Township and property owned by the Township

shall be exempt from the restrictions of this Declaration.

ARTICLE II

ARCHITECTURE

All structures, landscaping and other improvements shall be subject to Architectural

Control as hereinafter provided in Article II, Section 2. Failure and/or refusal of a Lot Owner

to comply with a Lot Owner’s obligations under these Declarations may result in Declarant

or the Association taking actions to bring the Lot in question into compliance, and the cost

of doing so, together with the Declarant’s or Associations attorney’s fees, shall be assessed

against such Lot as a special assessment.

Section 1. Architectural Standards

1. Fences. No fence of any kind whatsoever shall be erected or placed on any

Lot until the construction plans and specifications and a plan showing the location of the

fence have been approved by the (a) the Declarant in its sole discretion, or (b) the Association

or Architectural Review Committee established by the Association after the Development

Period.

2. Houses

- Houses will be restricted to traditional styles. A variety will be permitted such as

Colonial, Georgian, French Provincial and Western Reserve, but modern and contemporary

houses are prohibited.

-The square footing of the front elevation, exclusive of window and door openings

shall be a minimum of 50% stone or brick.

-An exterior exposed foundation and chimney(s) shall be brick or stone. Brick

pattern concrete is not acceptable.

-The main roof must be a minimum of 8/12 pitch.

-Attached garages shall be constructed in such a manner so that the garage doors do

not face front, unless a variance is granted in writing by Declarant or the Architectural review

committee.

-The following size restrictions exist for the houses:

*If the house is ranch style, it shall have a living area of at least Two

Thousand Five Hundred (2,500) square feet;

*If the house is a story and half style, it shall have a living area of at least

Two Thousand Eight Hundred (2,800) square feet;

*If the house is a colonial style, it shall have a living area of at least Three

Thousand (3,000) square feet.

The above living areas are exclusive of the garage, attic and basement area of the

house.

-Each house shall be used solely as a single family residence.

-The exterior of any building or structure in the Little Mountain Preserve shall not

be altered, modified, changed, or redecorated in any way so as to change the appearance or

décor or exterior of the structure.

3. Landscaping and Lawn Plans must be submitted with House Plans for

approval pursuant to Article II, Section 2 and must be implemented within nine (9) months

after completion of the house. No fruit or vegetable gardens shall be planted in the front

yards of any House. No unsightly growth such as weeds, underbrush, or the like shall be

permitted to grow or remain upon any Lot, and no refuse, construction materials, or unsightly

objects shall be placed or remain anywhere thereon. The natural wooded and ground cover

conditions on portions of a Lot may remain provided that the same are aesthetically pleasing

to the appearance of the Little Mountain Preserve as a whole. In the event any Lot Owner

shall fail or refuse to keep his Lot free from weeds, underbrush, refuse or other unsightly

growth or objects, Declarant or the Association shall have the right to pursue remedies,

including the recovery of attorney’s fees, against such Lot Owner pursuant to the provisions

contained herein. All ponds and streams within the Little Mountain Preserve, if any, shall

be aesthetic amenities only, and no recreational use thereof, including, without limitation,

swimming, boating, playing or use of personal flotation devices, shall be permitted.

Declarant shall not be responsible for any loss, damage, or injury to a person or property

arising out of the authorized or unauthorized use of lakes, ponds, or streams within the Little

Mountain Preserve.

4. Tree Preserve. The preservation or restoration plan is delineated on Exhibit

“A” and is intended to preserve from damage or destruction the existing tree or forest growth

located within the development. No Lot Owner may remove, deface, trim or destroy of any

tree, without prior approval under Exhibit A or from the Declarant or Association. Within

the “Tree Preserve, no lot owner shall permit the removal or destruction of a tree, which is

10” or more in diameter. The foregoing to the contrary not withstanding, a tree may be

removed if it prevents the construction or use of an otherwise allowable accessory structure

upon the involved Sublot, or if said tree inhibits or prevents the preservation of more

desirable growth. Trees or plants, which pose a threat to public health, safety or welfare,

should be removed. This restriction is subject to the rights of Concord Township, Lake

County, the Little Mountain Preserve or a Public Utility Company to construct, place,

operate, maintain, repair, reconstruct and relocate such underground conduits, manholes,

pipes, surface or below ground improvements, drainage swales or facilities as may be

required by Concord Township or Lake County as necessary to serve these subdivisions.

5. Outbuildings will be limited to sheds, pool houses, cabanas, gazebos, etc.

which are consistent with the quality of homes being constructed, and provided the Declarant

or the Association provides architectural approval as provided herein.

6. Driveways and Sidewalks. Driveways and sidewalks (if any) shall be

constructed of concrete and shall be reflected on the House plans for approval pursuant to

Article II, Section 2, and must be completed prior to occupancy of the House, unless a

variance due to weather and/or extenuating circumstances is granted by Declarant.

7. Mailboxes and Address Plaques. Each Lot Owner shall install a mailbox

and address plaque as prescribed by Declarant.

Section 2 Architectural Control pursuant to this Declaration shall be imposed in

addition to local zoning, building, maintenance, and similar codes. Approval when

necessary shall be sought pursuant to this Declaration before application to the County or

Township for appropriate permits. No dwelling, building, shed, fence, wall or other structure

shall be erected, maintained, placed or altered within the Subdivision until the plans and

specifications showing the nature, kind, shape, height, materials, colors and location of the

same and the topography and lighting relating thereto shall have been submitted to and

approved in writing by (a) the Declarant in its sole discretion during the Development Period,

or (b) the Association, or Architectural Review Committee established by the Association

after the Development Period. The foregoing is implemented to assure harmony of external

design and location in relation to surrounding structures.

Section 3. Scope of Review. Review and approval of any application pursuant

to this Article shall be made on the basis of aesthetic considerations only and neither the

Declarant nor the Association or Architectural Review Committee shall bear any

responsibility for ensuring the marketability, structural integrity or soundness of approved

construction or modifications, nor for ensuring compliance with building codes and other

governmental requirements.

ARTICLE III

THE ASSOCIATION

Section 1. Drainage Easement. There is hereby reserved to the Association a

non-exclusive easement (the “Storm Drainage Easement Area”) in, on, over, and across the

areas shown on the Plat for the purpose of implementing and maintaining the drainage

functions of the Storm Drainage Easement in accordance with the Inspection and

Maintenance Agreement for Stormwater Best Management Practices in the event of default

of the Owners.

Section 2. Assessment.

A. Initiation Fee and Annual Assessments. Immediately upon the purchase of a Lot

from Declarant, the Lot Owner shall pay a Two Hundred Fifty Dollar ($250.00), non-

refundable initiation fee to the Association to defray the time and costs of the Association’s

review and approval of the Lot Owner’s construction plans and other administrative

expenses of the Association and the Architectural Review Committee. Each year, the

Association shall determine the estimated Common Costs for the coming year and shall

establish the Annual Assessments. The Association shall notify each Owner of the amount

of the Annual Assessment on his or her Lot or Lots. Within thirty (30) days after receiving

such notice, each Owner shall pay the Annual Assessment to the Association. Common

Costs shall include, without limitation, costs associated with taxes for storm water detention

areas as shown on the plat, inspecting, improving, repairing, utilizing and maintaining

drainage ways, landscaping, irrigation systems, entry signs and fences, costs of maintaining

any water and/or sewer facilities, and other expenses related to promoting the health, safety

and welfare of the Owners. By accepting a Deed to one of the Lots, each Owner and

subsequent Owner agrees to pay such assessments and charges that may be periodically

established by the Association that will constitute a lien on the Lot until paid in full. The

Association agrees to subordinate its lien in favor of the mortgage of any bona fide,

reasonable third-party mortgagee upon reasonable notice and application. Lots owned by

Declarant shall be exempt from any assessments and charges.

B. Special Assessments. If the Association incurs any costs or expenses in

performing any repair of upon or with any Storm Drainage Easement Area(s) located upon

or along any Lot or Lots; removing any debris or obstructions from any Storm Drainage

Easement(s) located upon any Lot or Lots; and/or performing any action(s) required due to

the failure or refusal of a Lot Owner, such costs and expenses shall be a Special Assessment.

The Association shall inform the Owner of such Lot or Lots and such Owner shall pay such

Special Assessment to the Association, together with any attorney’s fees associated

therewith.

C. If any Owner fails to pay an Annual or Special Assessment within thirty (30) days

after notice from the Association, the Association may place a lien on the Lot, file suit

against the Owner and/or may foreclose on such Annual or Special Assessment. Failure to

construct improvements upon a Lot, or failure to enjoy any benefit(s) from easements,

signage, landscaping or other common areas and improvements shall not constitute a defense

for non-payment of any assessment.

Late Payments – Delinquencies. Payment of Assessments is due within thirty (30)

days after notice of the amount of the Assessment is mailed to the Owner by the Association.

Each Owner hereby covenants and agrees by acceptance of his Deed, whether or not it shall

be so expressed in such deed, to pay to the Association all Assessments levied against such

Owner in accordance with the Declaration on or before the due date. If an Owner fails to pay

his Assessment when due, the Association may notify him in writing by any commercially

reasonable method(s). Failure or refusal of such Owner to claim any notice shall not be a

defense to the pursuit of the Association’s legal rights against any delinquent Owner. In the

event that the Assessment is not paid when due and/or within ten (10) days after notice of

delinquency(s), then such Assessment shall be “delinquent” without further notice and the

Owner shall pay interest on the delinquent amount at the maximum rate permitted to be

charged to individuals in Ohio, or twelve percent (12%) per annum, whichever is lower,

from the date said payment was due, together with any attorney fees and costs incurred by

the Association with respect to the delinquent assessment.

Section 3. Maintenance

A. The Association shall inspect, maintain, repair, and replace as necessary the

Landscaped Areas, the Storm Drainage and/or Detention Easement(s) and Areas and any

structure erected by the Association or which the Association subsequently accepts.

B. The Association shall, upon failure of any Owner to do so, maintain, repair, and

keep free of debris or obstructions of the Storm Drainage Easement and/or Area in order to

insure is proper functioning. If the Association is required to perform work pursuant to this

subsection, it may assess the cost of such work on the Lot(s) upon which such work was

performed, lien said Lot(s) for non-payment of said work together with attorney’s fees and

costs, and/or foreclose on such Assessment.

C. Nothing herein shall alleviate the obligation of the Association to properly

maintain and regulate the drainage ways and easements contained within the Subdivision.

The Association reserves the right to charge the entire amount of the cost to correct

maintenance to drainage ways and easements to the Owner of the Lot(s) in question or

against Owners of all Lots, pro rata. In such event, the entire cost shall be fully paid to the

Association within thirty (30) days of the Association delivering a statement to such Owner

or Owners, as the case may be.

Section 5. Standard of Maintenance and Repair. All maintenance, repair and

replacement required to be performed by the Association under this Declaration shall be

done in a good and workmanlike manner and in accordance with all federal, state and local

laws, statute, ordinances, codes and regulations. Any replacements required shall be to the

extent reasonably practical of the same quality, kind and type as the item being replaced.

All repairs and maintenance shall be done promptly to maintain the values of the property

within the Subdivision.

Section 6. Insurance. The Association shall maintain such insurance as the

Association deems appropriate, but in any event, the Association shall, to the extent

reasonably practical and financially feasible, obtain public liability insurance covering

claims for bodily injury or death occurring upon, in or about the Landscaped Areas and any

other property which may be owned by the Association, with limits determined by

commercially reasonable analysis covering bodily injury or death, and damage to property.

The insurance shall name the Declarant as an additional insured and, if possible without

materially increasing the cost of said policy, shall name all other Owners as additional

insured(s).

Section 7. Membership and Voting Rights. The Declarant shall be the Class B

Member of the Association. Each Owner other than the Declarant shall automatically

become a Class A Member of the Association upon becoming an Owner. Such membership

shall terminate upon the conveyance of record, together with the payment of all outstanding

general and/or special assessments, by such Owner of his Lot, at which time the new Owner

shall automatically become a Member of the Association.

Each Class A Member shall be entitled to exercise one (1) vote for each Lot owned

by such Member.

The Class B member shall be entitled to exercise three (3) votes for each lot owned

by such Member.

Notwithstanding the foregoing, The Declarant reserves the right during the

Development Period to control the owners association. Specifically, during the time of

declarant control, the declarant or the declarant's designee may appoint and remove the

members of the board. The period of declarant control shall terminate not later than the time

at which all of the lots have been transferred to owners.

Section 8. Rights of the Association. The Association shall have the right to:

A. Enforce the provisions of this Declaration.

B. Suspend the voting rights of any Member during any period that the Member’s

Assessment remains unpaid for a period of thirty (30) days or more.

C. Adopt reasonable rules.

D. Contract for services on behalf of Owners.

E. Take any action authorized by the laws of Ohio to collect any delinquent

Assessment including, but not limited to, placing a lien upon any Lot to which the delinquent

Assessment attributable. It may to the extent not prohibited by law collect interest on the

unpaid amount together with its costs of collection including attorney’s fees in any such

proceeding.

ARICLE IV

OWNERS’ OBLIGATIONS

Section 1. Maintenance. The Owner of any Lot on which any portion of the

Storm Drainage Easement is located shall keep such portion of the Storm Drainage Easement

free of debris or obstructions which might prevent its proper drainage function. Each open

storm water drainage swale, waterway, creek, or pond on any Lot or parcel shall be

maintained by the Owner thereof in good condition and repair so that there will be no

interference with the normal flow of water therein, nor shall any swale be replaced with pipe

without the prior written consent of the Association. Catch basins and drainage areas are for

the purpose of storm water only. No obstructions, including, without limitation, trees,

shrubs, gardens, flower beds, compost piles, fences, objects or debris shall be placed in these

areas. No person (other than Declarant with approval by the County or Township) may

obstruct or re-channel the drainage flows after location and installation of drainage swales,

storm sewers, or storm drains. Declarant hereby reserves a perpetual easement across the

Little Mountain Preserve for the purpose of managing and controlling drainage and water

flow. This Easement runs to the benefit of Declarant and the Association.

The Lot Owner shall be responsible to repair such Lot’s mailbox, as necessary,

maintain such Lot’s landscaping (which shall include replacement of dead or diseased plants

and trees), mowing lawns and keeping beds mulched and free of excessive weed growth.

Lot Owners shall further maintain and repair their homes and any improvements to their

Lots in an aesthetically pleasing manner.

ARICLE V

RESTRICTIONS

Section 1. Animals. No animals other than common domestic pets shall be kept

or permitted to be kept on any Lot within the Subdivision. Lot Owners shall keep such pets

under control at all times.

Section 2. Oil and Gas Wells. No oil or gas well shall be drilled or permitted to

be drilled on any Lot within the Subdivision.

Section 3. Subdivision of Lots. No Lot shall be subdivided or re-subdivided

without the consent of (a) the Declarant during the Development Period or (b) after the

Development Period, without the written approval of the Association.

Section 4. Use of Lots. No dwelling or Lot shall be used for other than residential

purposes and only one single family dwelling may be erected on each Lot except that (a) this

restriction shall not apply to dwellings used as model homes or administrative offices on

Lots by Declarant, or as a model home on lots by builders, and developers; (b) an Owner

may use a portion of his residence for an office or studio, provided such use does not become

a nuisance to neighbors or change the essential character of the use of the residence to the

extent that it becomes principally an office or studio. No portion of the Little Mountain

Preserve shall be used, in whole or in part, for the storage of property or thing(s) that will

cause it to appear to be in an unclean or untidy condition or that will be obnoxious to the

eye; nor shall any substance, thing, or material be kept upon any portion of the Little

Mountain Preserve that will emit foul or obnoxious odors or that will cause any noise or

other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the

occupants of surrounding property. No so-called hazardous or toxic wastes or substances

(as defined by any federal or state statute or law) shall be brought upon Little Mountain

Preserve or disposed of except in strict compliance with the legal requirements. No noxious

or offensive activity shall be carried on upon any portion of the Little Mountain Preserve,

nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance,

or nuisance to any person using any portion of the Little Mountain Preserve. There shall not

be maintained any plants or animals or device or thing of any sort whose activities or

existence in any way is noxious, dangerous, unsightly, unpleasant, or of a nature as may

diminish or destroy the value of the Lots or the use and enjoyment of the Little Mountain

Preserve.

Section 5. Vehicles. Vehicles may be kept within the Little Mountain Preserve

only when contained within an enclosed garage. Vehicles include, but are not limited to,

motorcycles, trail bikes, trailers, tractors, boats, jet-skis, four wheelers, Razors and other

similar “all terrain vehicles”, tractors, golf-carts, snowmobiles, and recreational vehicles

(including but not limited to campers and/or pop-ups) of all kinds. Parking vehicles off any

paved area within the Little Mountain Preserve is prohibited.

Section 6. Open Burning. Open burning shall not be permitted within the Little

Mountain Preserve pursuant to Concord Township Fire Department rules and regulations.

Section 7. Documents. A copy of this Declaration of Covenants and Restrictions

shall be furnished to the purchaser of each Lot prior to the purchase of such Lot by the Lot

Owner. However, provided that these covenants and restrictions have been duly filed with

the Lake County Recorder, failure to actually furnish, deliver or receive same shall not, in

any way, negate constructive notice of same or effect the enforcement of these covenants

and restrictions.

Section 8. Radio and Television Antennae, including satellite dishes, for

transmission or reception of radio and/or television signals will not be permitted; provided,

however, that the satellite dishes not exceeding eighteen inches in diameter for television

reception and mounted on roofs, chimneys, or in rear yards are permitted, provided that they

are not visible from the street.

Section 9. No machinery shall be placed or operated upon any Lot except such

machinery as is commonly used in the maintenance of a private residence.

Section 10. No Lot or part thereof shall be used for a street except by Declarant

or with Declarant’s written approval.

Section 11. Construction trailers utilized by builders shall be placed as far off

public and private rights-of-way and shall be concealed from view as much as possible.

Disturbed areas adjacent to public or private rights-of-way shall be graded and seeded as

soon as possible by the Owner or his home-builder. Every reasonable effort shall be made

by the Owner and home-builder to keep the sites clear of debris. Owners shall not damage

any streets or permit any of its contractors or materialmen to damage the street or curbs and

such Owner shall be personally liable for the cost of repairing the same, and shall indemnify

and hold Declarant and the Association and its other Owners and agents harmless from any

claims or damages related to the same.

It shall be the responsibility of each Owner to prevent any unclean, unhealthy,

unsightly, or unkempt condition on his or her Lot.

The pursuit of hobbies or other activities, including specifically, without limiting the

generality of the foregoing, the assembly and disassembly of motor vehicles and other

mechanical devices which might tend to cause disorderly, unsightly, or unkempt conditions,

shall not be pursued or undertaken on any part of the Little Mountain Preserve.

Section 12. No above ground swimming pools are permitted in the Little

Mountain Preserve or any portion thereof. No in-ground swimming pool, wading pool,

bathing pool, or similar structure which contains water or other liquid shall be erected,

placed, or altered on any Sublot until the construction plans and specifications and a plan

showing the location of the structure have been approved by (a) the Declarant in its sole

discretion during the Development Period, or (b) the Association or Architectural Review

Committee established by the Association after the Development Period, as to quality, or

workmanship and materials, harmony of external design with existing structures, and as to

location with respect to topography and finished grade elevation. Any such improvement

shall likewise conform to all local and state building and zoning codes.

Section 13. No sign or other advertising device of any nature shall be placed upon

any Lot except for signs placed by Declarant or by builders and approved by Declarant

promoting development and providing information to Owners and prospective purchasers.

However, Owners in the process of re-selling their improved lots, may request permission

from the Declarant or Association to place a “for sale” upon the lot for a period not to exceed

ninety (90) days per approval period.

Section 14. No clothing or any other household fabric shall be hung outside in

the front yard of any House.

Section 15. No dumping is permitted on any part of the Subdivision unless

necessary for construction or improvements and authorized by (a) the Declarant in its sole

discretion during the Development Period, or (b) the Association after the Development

Period. No Lot shall be used or maintained as a dumping ground. Trash, garbage, or other

waste shall not be kept on a Lot except in a sanitary container. All equipment for the storage

or disposal of such materials shall be kept in a clean and sanitary condition. All trash cans,

garbage cans, and waste and refuse containers must be kept inside Houses or garages and

further, may only be deposited at the street for collection on the morning of or evening prior

to the scheduled collection. Such container must thereafter be collected and properly re-

stored within 12 hours of pick-up. Each Lot must be kept and maintained in good visual

order, with no debris or unsightly refuse permitted to accumulate by the Owner.

Section 16. Unless written approval of (a) the Declarant in its sole discretion

during the Development Period, or (b) the Association after the Development Period, is

given, there will be no discharge of firearms, ammunition, explosives, or fireworks. The term

“firearms” included “B-B” guns, pellet guns, and other firearms of all types, regardless of

size. No poisoning of wildlife is permitted, except for rodent control, or except upon prior

written approval of (a) the Declarant in its sole discretion during the Development Period,

or (b) the Association after the Development Period. Fishing and hunting is permitted as

allowed by County and/or Township regulation.

Section 17. No mail box and/or mail box post, mail box mount or support, no

newspaper or magazine box or receptacle mount or support shall be erected, placed, or

altered on any Sublot until the plans and specifications have been approved by (a) the

Declarant in its sole discretion during the Development Period or (b) the Association or

Architectural. Review Committee established by the Association after the Development

Period, as to quality of workmanship and materials, harmony of design with the existing

structures, and as to location.

Section 18. Utility Lines. No overhead utility lines, including lines for cable

television, shall be permitted within the Little Mountain Preserve, except for temporary

lines as required during construction and high voltage lines of required by law or for safety

purposes and approved by Declarant.

Section 19. Air Conditioning Units. Except as may be permitted by the Declarant,

no window air conditioning units may be installed in any residence.

Section 20. Lighting, Monuments, Displays and Banners. Except for seasonal

decorative lights, which may be displayed between Thanksgiving and January 10 only, all

exterior lights must be approved by Declarant. Owners shall not erect any monuments,

sculptures, displays or banners without the prior written consent of Declarant.

Section 21. Playgrounds. No playground equipment shall be located in the front

yard of any Lot. Any playground or other play areas or equipment erected within the Little

Mountain Preserve shall be used at the risk of the user, and Declarant shall not be held liable

to any person for any claim, damage, or injury occurring thereon or related to the use thereof.

All such equipment must be maintained in visually appealing and structurally sound

condition.

Section 22. Repair or Removal of Damaged Property. In the event that any

improvement, building or structure within the Little Mountain Preserve shall be damaged

or destroyed by any fire or other casualty or otherwise fall into disrepair, the Owner shall

promptly either (a) immediately commence the repair or rebuilding of said improvements

following such disrepair, damage or destruction and thereafter diligently and continuously

complete the same, or (b) raze said improvement, building or structure as soon as possible

in the circumstances, but in any event the improvement, building or structure shall be safe,

sightly and in an aesthetic condition so as not to detract from the appearance of the Little

Mountain Preserve.

Section 23. Violation of Covenants and Restrictions. If any person required to

comply with the foregoing covenants, conditions, and restrictions shall violate any one or

more of the same, the Declarant, or, after the Development Period, the Association shall

have the right to give written notice to such person to terminate, remove or alleviate such

violation. Such notice shall expressly set forth the facts constituting such violation.

If within fifteen (15) days after the giving of such written notice of violation

reasonable steps shall not have been taken toward the removal, alleviation, resolution,

compliance, maintenance, or termination of same, or if such remedial action is not

prosecuted with due diligence until satisfactory completion of the same, the Declarant or,

after the Development Period, the Association shall have the right, but not the obligation,

through their respective agents and employees, to enter upon (which entry shall be deemed

to be an access and work easement herein granted) that portion of a Lot where the violation

exists and to summarily terminate, remove, repair, install, bring into compliance, maintain,

or extinguish, as the case may be, the same using such force as may be required. Such entry

shall not be deemed to be an unauthorized entry or trespass. In addition to the foregoing, the

Declarant or, after the Development Period, the Association shall have the right to obtain an

injunction or other equitable relief from any court having jurisdiction for the cessation of

such violation. The rights and remedies of the Declarant and the Association, as the case

may be, shall be nonexclusive and in addition to any other rights or remedies available at

law or in equity and may be exercised at one time or separately.

The Declarant or, after the Development Period, the Association, shall notify in

writing the person in violation of the provisions contained herein of all the costs incurred to

remedy same (including 15% for administrative overhead, coordination, supervision)

attorney’s fees, and any other damages to which Declarant or the Association, as the case

may be, may be entitled. If such amounts are not paid within ten (10) days following said

notification, the Declarant or the Association, as the case may be, shall have the right to levy

an assessment and may perfect a lien upon the Lot owned by such person. In addition, the

Owner of any Lot of the Little Mountain Preserve in violation of the provisions contained

herein shall be liable, jointly and severally, for any violation of an occupant of Owner’s

property.

Section 25. Conflict with Federal, State and Local Laws/Severability. Nothing

contained in this declaration shall be construed to contradict, nullify or supersede any

federal, state or local laws or regulations. To the extent that any provision contained herein

is found to conflict with any federal, state or local law or regulation, such provisions shall

be deemed to be rewritten to permit the maximum effect of such provisions within the

bounds of applicable laws or regulations. The invalidity of any covenant, restriction,

condition, limitation or any other provision of this Declaration, or of any part of the same,

shall not impair or affect in any manner the validity, enforceability or effect of the rest of

this Declaration.

Section 26. Special Landscaping and Sign Easements. Declarant may provide

sign(s) and landscaping within the area(s) described herein (the “Landscape and Sign Area

Easements”) and the Association shall maintain such sign(s) and landscaping within the

Landscape and Sign Area Easements. In no event shall the Owner of any Lots alter, relocate,

or modify such signage or the landscaping without the Association’s written consent.

The Landscape and Sign Area Easements are located on as designated in the recorded

plat or accompanying drawings.

ARICLE VI

GENERAL PROVISIONS

Section 1. Duration. The covenants and restrictions of this Declaration shall run

with and bind the land, and shall inure to the benefit of an be enforceable by the Declarant

and any Owner of any Lot subject to this Declaration, their respective legal representatives,

heirs, successors and assigns, for a term of forty (40) years from the date of this Declaration

is recorded, after which time said covenants and restrictions shall be automatically extended

for successive periods of ten (10) years unless an instrument signed by the then Owners of

two-thirds (2/3) of the Lots has been recorded, agreeing to terminate said covenants and

restrictions; provided, however, that no such agreement to terminate shall be effective unless

made and recorded three (3) years in advance of the effective date of such change, and unless

written notice of the proposed agreement is sent to every Owner at least ninety (90) days in

advance of any action taken.

Section 2. Enforcement. Enforcement of these covenants and restrictions shall

be by any proceeding at law or in equity against any person or person violating or attempting

to violate any covenant or restriction, either to restrain violation or to recover damages.

Enforcement may be by any Owner, or Declarant, whether or not Declarant is an Owner,

Lake County, or Concord Township, regarding any failure to maintain or repair the drainage

facilities or easements at the cost of the Association or of the lot owner or owners involved.

Failure by any Owner or Declarant of Concord Township to enforce any covenant or

restriction herein contained shall in no event, be deemed a waiver of the right to do so

thereafter.

Section 3. Binding Effect. Each grantee accepting a deed, lease or other

instrument conveying any interests in a Lot, whether or not the same incorporates or refers

to this Declaration, covenants for himself, his heirs, personal representatives, successors and

assigns to observe, perform and be bound by this Declaration.

Section 4. Assignment. Declarant, its successors and assigns, notwithstanding

any other provision herein to the contrary, shall at all times have the right to fully transfer,

convey and assign all of its rights, title and interest under this Declaration.

Section 5. Amendments. The terms and conditions of this Declaration may be

amended, annulled, or waived by an instrument in writing recorded in the public records of

Lake County, Ohio, in the following manner and subject to the following conditions:

A. During the Development Period, Declarant shall have the sole right and power of

granting waivers to provisions of this Declaration and amending this Declaration

provided no such amendment shall materially and adversely affect the value of

existing dwellings or shall prevent a dwelling from being used by the Owner in

the same manner that it was being used prior to the adoption of such amendment.

In furtherance of the foregoing and limited thereof, a power coupled with an

interest is hereby reserved and granted to Declarant to make a Special

Amendment on behalf of each Owner, as proxy or attorney-in-fact, as the case

may be. Each deed, mortgage, other evidence of obligation, or other instrument

affecting the Subdivision and the acceptance thereof shall be deemed to be a grant

and acknowledgment of, and a consent to the reservation of, the power to

Declarant to vote in favor of or make a record Special Amendments.

B. After the Development Period, the then Owners of two-thirds (2/3) of the Lots

may amend, annul or waive any provision hereof in an instrument signed by such

Owners.

C. Notwithstanding anything to the contrary contained herein, no provision of any

sewer and/or storm drainage easement or agreement may be amended, annulled

or waived without the prior written approval of Concord Township and/or Lake

County Ohio.

Section 6. Severability. These restrictions are in addition to those granted by

ORC 5312.01 et seq and are to be interpreted and enforced accordingly to Ohio law, Lake

County Court(s). Invalidation of any one of these covenants or restrictions by judgment or

court order shall in no way affect any other provisions which shall remain in full force and

effect.

Section 7. Miscellaneous. The headings to each Section are inserted only as a

matter of convenience and reference and in no way define, limit or describe the scope or

intent of the Declaration nor in any way affect this Declaration. The singular of any word

shall also include the plural of such word, and the masculine gender shall also include the

neuter and feminine. The provisions of this Declaration shall be liberally construed under

the laws of the State of Ohio to effectuate its purpose of creating a uniform environment

within the Little Mountain Preserve as a first class neighborhood.

Section 8. Owner’s Acknowledgment. Each prospective purchaser who desires

to purchase a Lot and construct a residence may be required to execute a Purchaser’s

Acknowledgement Agreement, under which any prospective purchaser of a Lot for

construction of a residence shall unconditionally accept all of the restrictions and covenants

contained in this Declaration. Moreover, any subsequent sales or transfers of any Lot shall

be made subject to this Declaration, and the Owner of the Lot to be sold or transferred shall

ensure that reference is made in the deed to this Declaration and the instrument number of

the County Records at which this Declaration has been recorded. An omission by a

purchaser in signing any acknowledgement agreement shall not operate to relieve said

purchaser from constructive notice of the restrictions contained herein.

ARICLE VI

RESERVATIONS UNTO THE DECLARANT, EASEMENTS, TIMES WITHIN

WHICH TO COMPLETE CONSTRUCTION OF HOMES

Record/Fact: The Development and Lots therein are subject to various easements,

encumbrances and/or rights-of-way of record on the Effective Date. Moreover, Declarant

hereby establishes and creates (and reserves) easements and rights-of-way relative to and for

all purposes (including installation, inspection, maintenance, repair and/or replacement) of

any and all gas pipelines, electrical/cable and/or telephone lines, water or sewer lines and/or

any other utility lines, structures and/or improvements which are presently situated anywhere

at or upon the Development and/or Lots therein servicing/benefiting any

structures/improvements situated thereon on the Effective Date and/or which may be set

forth upon any Plat.

Reservations: Declarant reserves the sole and absolute right to:

(a) grant or plat easements and/or rights-of-way within the front twenty (20’)

of each Lot for the construction of public or private utility facilities, electric light, telephone

and telegraph poles and conduits, cable television lines, security systems, gas pipes, sewer

and water lines in, over, under and upon any and all highways or roadways now existing or

hereafter established within the Development upon which any portion of any Lot may now

or hereafter front or abut and/or within ten (10) feet of the side boundary line(s) of any Lots.

(b) grant or plat consents, rights, easements and rights-of-way for the

construction, maintenance and operation of public utility facilities, electric, gas, geothermal

loops/improvements, telephone and telegraph lines, conduits for gas, water, sanitary and

storm sewer pipes, mains, connections, downspouts, and other lines, together with cable

television and other communication lines and/or cables, and for any other public and/or

quasi-public facility, service or function, whether the same are above ground, underground

and/or in, or upon any and all highways, streets, dedicated or otherwise, now existing or

hereafter established upon any portion of the Development and/or Lots therein; and/or,

(c) grant consents, easements and rights-of-way and/or to petition the gas,

electric, telephone, water, sewer and cable television companies or authorities for the

extension of their respective service mains, connections, lines or cables, which in Declarant's

opinion may be necessary to further service any part(s) or all of the Development, any Lot(s)

and/or the Roadways.

When Declarant no longer owns any Lot or any portion of the Development, then

Declarant's rights reserved herein shall be automatically conveyed, without grant or

instrument, to the Association to be exercised by the Board thereof.

Oil/Gas/Mineral Rights: Declarant shall and does hereby reserve unto Declarant and

Declarant’s successor(s)/assign(s) any and all oil, gas and mineral rights, deposits and

entitlements; including, without limitation, any and all domestic gas line rights and all

royalties (present and/or future).

Association Easement: Declarant grants to the Association and the Association shall have

a mutual and perpetual easement, (“Association Easement”), to, over and across all Lots, the

Roadways, the Sidewalks, the Recreation Parcel, the Pond, the Entrance Features, any other

Association Property and/or any part(s) of the Property upon which there is and/or may be

any swales and/or drainage improvements at or for the Development which shall provide

complete and unrestricted access to the Association as and when such access shall become

necessary to enable the Association to fulfill all Association responsibilities, functions,

obligations and duties consistent with this Declaration and for all purposes thereof.

The Association may utilize and benefit from the Association Easement for the care,

maintenance, repair, replacement and upkeep of the Lots, Roadways, sanitary sewer

improvements/structures, storm water management improvements/structures, the Sidewalks,

the Entrance Features, all other Association Property and to perform any and all Association

duties and functions (inclusive of the Association's provision of any and all Exclusive

Services). Declarant additionally grants the Association Easement and/or extends the same

to Lake County and the Township of Concord to enable the County or Township full and

complete access to and/or across the Association Property if and as necessary to enable the

County or Township to repair/maintain any of the same if the Association fails to do so.

Safety and Health Forces – Easement: Notwithstanding any conditions/ restrictions in this

Declaration to the contrary, the Safety and Health Forces shall at all times have full and

complete access to the Development and Declarant hereby grants to the Safety and Health

Forces an easement over/across the Lots, Roadways, each driveway and the Sidewalks for

ingress and egress purposes.

In witness whereof, Declarant has hereunto set its hand at ________________,

Ohio this day of , 2016.

LMP Development, LLC – Declarant

By: Robert Zerbe, Authorized Member

Notary page to follow:

STATE OF OHIO )

) ss.

LAKE COUNTY )

Before me, a notary public, in and for said County and State, personally appeared the above-

named Robert Zerbe, Authorized Member of LMP Development, LLC who

acknowledged that he did sign the foregoing instrument and that the same is his free act and

deed on behalf of the Company and himself individually.

IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal at

_____________ Ohio, this __________ day of _____________ 2016.

__________________________________________

Notary Public

My Commission Expires:

Prepared by:

Benjamin L. Aveni, Esq.

CANNON, AVENI and MALCHESKY CO., L.P.A.

41 E. Erie Street

Painesville, OH 44077

(440) 357-5537 baveni@csalawgroup.com

EXHIBIT “A”

“Tree Preserve” Location Plan

Exhibit B

Legal Description – Little Mountain Preserve